California Supreme Court to Decide Whether Adoption of Airport Land Use Compatibility Plans Require Environmental Review.

The California Supreme Court has agreed to review Muzzy Ranch v. Solano County Airport Land Use Commission, (2005) 125 Cal.App.4th 810, which held that the adoption of an airport land use compatibility plan, or “ALUCP,” in Solano County was a “project” requiring environmental review under the California Environmental Quality Act (“CEQA”).

The Court of Appeal found that the ALUCP precluded residential development in 600 square miles of Solano County, and that such development and its corresponding environmental impacts would therefore be shifted to other areas in the County. Therefore, the Solano County Airport Land Use Commission was required to conduct environmental review pursuant to CEQA. The Court’s ruling has broad-based application to compatibility plans throughout California.

The California Supreme Court has not yet set a date for oral argument.